The Law Study

Private Defence Under Pakistan Penal Code

Introduction
Subject to certain limitations the law gives a right to every person to defend his body or property, or the body or property of another person against unlawful aggression.
He could shie ld his right by his own force or prevent it from being violated. It is a right inherent in a man. But the kind and amount of force is minutely regulated by law. This
use of force to protect one’s property and person is called the right of private defence.
Relevant Provisions
Sections 96, 97, 99, 100, 101, 102, 103, 104, 105, of P.P.C. 1860.
Definition of Private Defence
The term “Private Defence’ has not been defined in Black’s Law Dictionary but it does provide a more generic definition of the term self defence, which it also extends
to defending ones property. Self Defence has been explained by the Black’s Law Dictionary as follows;

“The use of force to protect ones self, ones family or ones property from a real or threatened attack. A Person is justified in using a reasonable amount of force in
self defence, if he or she believes that the danger of body harm is imminent and that force is necessary to avoid such danger.”

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Circumstances Where In Assailant Can Be Subjected To Use of Force, Which Can Even Cause His Death
Followings are two circumstances where in assailant can be subjected to use of force, which can even cause his death:
(i) Right of Private defence of body
Under Section 100 P.P.C:
Section 100 describes the situations where the death of a person may be caused, however it also puts restrictions as are mentioned in Section 99.
Under Section 100 following are the cases where the death of a person may be caused in private defence;
(a) Apprehension of Death
Right of private defence of body can extend to causing death of an assailant when as assault of assailant reasonably causes apprehension that death will otherwis e be consequence of such assault.
(b) Apprehension of Grie vous Hurt
Right of private defence of body can extend to causing death of an assailant when an assault of assailant reasonably causes apprehension that grie vous hurt will otherwis e be consequence of such assault.
(c) Intention of Committing of Rape
Right of private defence of body can extend to causing death of an assailant when an assault of assailant is with intention to commit rape.
(d) Intention of Gratifying Unnatural Lust
Right of private defence of body an extend to causing death of an assailant when an assault of assailant is with the intention to gratify unnatural lust.
(e) Intention of Kidnapping or Abducting
Right of private defence of body can extend to causing death of an assailant when an assault of assailant is with intention of kidnapping or abducting.
(f) Intention of Wrongfully Confining
Right of private defence of body can extend to causing death of an assailant when as assault of assailant is with intention of wrongfully confining a person under such circumstances, which reasonably causes him to apprehend that he will
be unable to have recourse to the public authoritie s for this release.
Conditions Precedent to Cause Death in Self Defence
Cause Law: AIR 1959 Punj 332
In this case, the court gave four cardinal conditions must exis t before the taking of life of a person is justifie d on the plea of self-defence .
Firstly: The accused must be free from fault in bringing about he encounter;
Secondly: There must be present and impending peril to life of great bodily harm, either real or so apparent as to create honest belief of an existing necessity;
Thirdly: There must be no safe or reasonable mode of escape by retreat;
Fourthly: There must have been a necessity for taking life.
(ii) Right of Private Defence of Property
Section 103 Gives a person a right to cause voluntarily the death of a person who infringes, threatens to commit an offence or commits an offence which falls under the categorie s enumerated by the section following are the cause
where the death of a person may be caused in defence of property;
(a) Commis sion of Robbery
Right of private defence of body can extend to causing death of an assailant when assailant commits or attempts to commit robbery.
(b) Commis sion of House-breaking By Night
Right of private defence of body can extend to causing death of an assailant when assailant commits or attempts to commit house-breaking by night.
(c) Mis chie f By Fire
Right of private defence of body can extend to causing death of an assailant when assailant commits mis chie f by fire on any building, tent or vessel, which building, tent or vessel is used as a human dwelling or as a place for custody of
property.
(d) Theft, Mis chie f Or House –trespass
Right of private defence of body can extend to causing death of an assailant when assailant commits or attempts to commit theft, mis chie f or house-trespass under such circumstance, which reasonably cause apprehension that death or
grie vous hurt will be consequence, if such right of private defence is not exercis ed.
Final Analysis
To Conclude, it can be stated that it is necessary to exercis e right of private defence that use of force should have become necessary against assailant and use of force should be reasonable. When a person uses such necessary and
reasonable force through private defence, he/she is not answerable in law for his /her deeds.